HomeMy Public PortalAboutMinutes - 2000/03/28 - Regular"
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P L A N N I N G C O M M I S S I O N
M I N U T E S
M A R C H 2 8 , 2 0 0 0
I N I T I A T I O N :
1 . C A L L T O O R D E R
P u r s u a n t t o t h e A g e n d a p o s t e d M a r c h 2 4 , 2 0 0 0 , V i c e - C h a i r m a n
Z o v a k c a l l e d t h e m e e t i n g o f t h e P l a n n i n g C o m m i s s i o n t o o r d e r a t
7 : 3 0 p . m . o n T u e s d a y , M a r c h 2 8 , 2 0 0 0 .
2 . P L E D G E O F A L L E G I A N C E T O T H E F L A G
3 . R O L L C A L L :
P r e s e n t : C o m m i s s i o n e r s - A r r i g h i , G r i f f i t h s , S e i b e r t ,
Z o v a k
C o m m i s s i o n e r S e i b e r t m o v e d t o e x c u s e C h a i r m a n C a p r a f o r
c a u s e , s e c o n d e d b y C o m m i s s i o n e r A r r i g h i , a n d u n a n i m o u s l y
c a r r i e d .
A l s o P r e s e n t : C i t y A t t o r n e y M a r t i n , C o m m u n i t y D e v e l o p m e n t
D i r e c t o r D a w s o n a n d A s s o c i a t e P l a n n e r W i l l i a m s
4 . T I M E F O R T H O S E I N T H E A U D I E N C E W H O W I S H T O S P E A K : N o n e
5 . C O N S E N T C A L E N D A R :
A . A P P R O V A L O F M I N U T E S - M e e t i n g o f F e b r u a r y 2 2 , 2 0 0 0
C o m m i s s i o n e r G r i f f i t h s m o v e d t o a p p r o v e t h e C o n s e n t
C a l e n d a r , s e c o n d e d b y C o m m i s s i o n e r S e i b e r t , a n d u n a n i m o u s l y
c a r r i e d .
6 . U N F I N I S H E D B U S I N E S S : N o n e
7 . N E W B U S I N E S S :
A . D I S C U S S I O N : I N T E R P R E T A T I O N
S i t e : 5 6 1 0 - 5 6 2 0 W E L L A N D A V E N U E
A p p l i c a n t S T A N F A I R C H I L D
R e q u e s t : A N I N T E R P R E T A T I O N F O R T H E R E M O D E L O F
A N E X I S T I N G R E C R E A T I O N R O O M W I T H I N A N
E X I S T I N G L E G A L N O N - C O N F O R M I N G
A P A R T M E N T C O M P L E X A T 5 6 1 0 - 5 6 2 0 W E L L A N D
A V E N U E
Planning Commission Minutes
March 28, 2000
Page 2
Director Dawson summarized the Staff report dated March 28,
2000.
Director Dawson stated that they would like to proceed and
remodel the existing recreation room to include three new,
full bathrooms, one full bath to serve the pool and the
changing room and two full baths in what would be the
recreation room. He went on to explain that this request
has prompted an interpretation as to whether or not the
shower /bathtub facility should be permitted within an
existing recreation room serving this legal, non - conforming
residential development.
Director Dawson stated that Staff's recommendation would be
to make the interpretation that the existing recreation
room serving the legal, non - conforming apartment complex
may be maintained and repaired but may not be upgraded or
altered to include full bathroom facilities.
Associate Planner Williams showed and narrated the
videotape of the proposed project site.
Commissioner Griffiths inquired as to what Director Dawson
meant by the proposed project could result in a liability
issue.
•
Director Dawson explained that he was not referring to
liability from the City's standpoint but a general concern
if private bathrooms were allowed to be installed in a
public recreational facilty.
Paul Sandhu, owner of the property, stated there was
another building which the videotape did not show which
faces Santa Anita and is quite a distance away from the
pool and the proposed recreation room. He stated it was
at this building where they were planning to have exercise
equipment and that's why they wanted to have bathroom
facilities located in this area. He also explained that it
was his real estate agent's suggestion that he include this
workout facility to attract a better quality of tenants.
Commissioner Seibert inquired why they were changing out
shower facilities for bathtub facilities if this room was
to function as a gym -type facility.
Mr. Sandhu stated that the tub units had been purchased for
a low price. He also stated that he did not understand the 410
objections to the project.
" P l a n n i n g C o m m i s s i o n M i n u t e s
M a r c h 2 8 , 2 0 0 0
P a g e 3
"
"
C o m m i s s i o n e r S e i b e r t s t a t e d t h a t h e w a s c o n c e r n e d t h a t o n c e
t h e p r o j e c t w a s a p p r o v e d t h a t t h e u n i t s w o u l d b e t u r n e d
i n t o a c t u a l a p a r t m e n t u n i t s b e c a u s e t h o s e f a c i l i t i e s w e r e
n o t s u i t a b l e f o r a r e c r e a t i o n a l - t y p e u s e .
C o m m i s s i o n e r S e i b e r t a l s o i n q u i r e d a s t o w h e t h e r M r .
S a n d h u ' s c o n t r a c t o r w a s l i c e n s e d .
M r . S a n d h u s t a t e d t h a t h e w a s .
V i c e - C h a i r m a n Z o v a k i n q u i r e d a s t o w h e n M r . S a n d h u
p u r c h a s e d t h e p r o p e r t y a n d w h a t t h i s a r e a h a d b e e n u s e d f o r
s i n c e t h a t t i m e .
M r . S a n d h u s t a t e d t h a t h e h a d p u r c h a s e d t h e b u i l d i n g i n
1 9 9 4 a n d t h a t t h e a r e a h a d b e e n u s e d f o r s t o r a g e p u r p o s e s .
S t a n F a i r c h i l d , 1 9 0 3 2 G l e d h i l l S t r e e t , N o r t h r i d g e , s t a t e d
t h e s t o r a g e f a c i l i t y w a s i n a s t a t e o f d i s r e p a i r - - t e r m i t e
d a m a g e d , h o l e s i n t h e d r y w a l l , e t c . - - t h a t i t c o u l d n o t b e
p u t b a c k t o w h a t i t w a s o r i g i n a l l y b e c a u s e n o n e o f i t c o u l d
b e u s e d .
M r . F a i r c h i l d s t a t e d t h a t t h e i s s u e o f l i a b i l i t y c o m e s i n t o
p l a y b e c a u s e t h e t e n a n t s a r e h a v i n g t o r u n a c r o s s t o t h e
o t h e r a p a r t m e n t b u i l d i n g ( s ) f o r s h o w e r i n g , e t c .
C o m m i s s i o n e r S e i b e r t i n q u i r e d a s t o w h a t y e a r M r . F a i r c h i l d
h a d g o t t e n h i s C o n t r a c t o r ' s L i c e n s e a n d w h y h a d h e s t a r t e d
t h i s p r o j e c t w i t h o u t f i r s t g e t t i n g t h e p r o p e r p e r m i t s .
M r . F a i r c h i l d s t a t e d t h a t h e h a d b e e n l i c e n s e d s i n c e 1 9 9 2
a n d h e w a s o n l y d o i n g d e m o l i t i o n w o r k ; n o r e p a i r s h a d b e e n
s t a r t e d . H e a l s o s t a t e d t h a t h e r e a l i z e d h e h a d m a d e a
m i s t a k e i n n o t a p p l y i n g f o r t h e p e r m i t s f i r s t .
V i c e - C h a i r m a n Z o v a k i n q u i r e d a s t o w h e t h e r t h e p l a n s w e r e
c o r r e c t t h a t t h e r e w e r e t w o e x i s t i n g s h o w e r s i n t h e
f a c i l i t y .
M r . F a i r c h i l d s t a t e d t h a t , y e s , t h e p l a n s w e r e c o r r e c t ,
t h a t t h e r e w e r e t w o s a u n a s a n d t w o b a t h r o o m s .
V i c e - C h a i r m a n Z o v a k i n q u i r e d a s t o w h e t h e r t h e r e w e r e a n y
p l a n s t o c o n t i n u e a n y t y p e o f s a u n a u s e .
M r . F a i r c h i l d s t a t e d t h a t t h e r e w e r e n o t . T h e s a u n a s h a d
b e e n r e m o v e d . T h e y h a d b e e n b a d l y d a m a g e d w i t h g r a f f i t i ,
e t c .
Planning Commission Minutes
March 28, 2000
Page 4
Commissioner Griffiths again inquired as to the reasoning
behind installing tubs instead of showers.
Mr. Fairchild stated that the major reason
enclosures was the cost factor; there was less
required and no tile work.
Director Dawson inquired as to whether there
intention of retaining the kitchen facility.
Mr. Fairchild stated that there were no BBQ facilities in
the area; therefore, they would like to retain the kitchen
for food preparation purposes.
Commissioner Arrighi stated that based upon statements made
by the contractor and the owner as well as the submitted
plans, that he would make a recommendation to adopt Staff's
interpretation that the existing recreation room serving a
legal, non - conforming apartment complex be maintained the
way it is; that they be allowed to upgrade the existing
facilities but not converted with bathtubs and that the
contractor take out the necessary permits to do such
upgrade.
for tub
plumbing
was any
Commissioner Seibert stated that he felt it was an
expansion of a non - conforming use and did not qualify for
the interpretation. He stated the facilities should be
maintained in the same configuration as they presently are.
Vice- Chairman Zovak clarified that would be in line with
Staff's interpretation in that the facilities should be
maintained and the bathroom fixtures would simply be
replaced.
Commissioner Griffiths stated that he was of the same mind,
that the saunas could be removed and the bathroom fixtures
replaced. He stated that he was in agreement with Staff's
interpretation.
Vice- Chairman Zovak also agreed with Staff's interpretation
that the remodel and expansion of the bathrooms should not
be allowed and that the alternative to repair what was
existing would meet the needs as expressed by the owner.
Commissioner Arrighi moved to adopt Staff's recommendation
to make an interpretation that the recreation room serving
a legal, non - conforming apartment complex be maintained or
repaired but not upgraded to full bathroom facilities as
discussed by the Commissioners.
•
•
•
4110
Planning Commission Minutes
March 28, 2000
Page 5
Commissioner Seibert seconded the motion, and it was
unanimously carried.
Vice - Chairman Zovak stated that the Commission had agreed
with Staff's interpretation regarding the complete
renovation of the recreation room and that repairs could be
made only to existing items in the existing locations of
the facility. He also stated that there would be a 10 -day
appeal period.
Director Dawson clarified that unless the project was
appealed that the Planning Commission's action would be
final.
B. PUBLIC HEARING:
Site:
Property Owner:
Applicant:
Request:
CONDITIONAL USE PERMIT
5600 GRACEWOOD AVENUE
SANTA ANITA CONVALESCENT HOSPITAL
5600 GRACEWOOD AVENUE
TEMPLE CITY, CALIFORNIA 91780
BARBARA SAITO
NEXTEL COMMUNICATIONS
17275 DERIAN AVENUE
IRVINE, CALIFORNIA 92614
A CONDITIONAL USE PERMIT TO ALLOW THE
INSTALLATION OF A WIRELESS
TELECOMMUNICATIONS FACILITY WHICH WILL
BE ATTACHED TO A REMOVABLE PINE TREE;
AN EQUIPMENT SHELTER IS ALSO PROPOSED
TO HOUSE THE TELECOMMUNICATIONS
EQUIPMENT; THE SUBJECT SITE IS LOCATED
IN THE LOW DENSITY RESIDENTIAL ZONE ON
THE CITY'S ZONING MAP AND IS
CLASSIFIED AS INSTITUTIONAL ON THE
CITY'S GENERAL PLAN MAP
Community Development Director Dawson stated public notices
had been sent to property owners within 300 feet of the
subject site and summarized the staff report dated
March 28, 2000.
Associate Planner Williams showed and narrated the
videotape of the project site.
Vice - Chairman Zovak inquired as to how tall the new light
standards were that had been installed at Live Oak Park.
Planning Commission Minutes
March 28, 2000
Page 6
Director Dawson stated that the lights in the outfield were
80 feet high and the others were 60 feet. He stated that
the monopole would be about the same size as the tallest
light poles.
Director Dawson stated that there were eleven conditions of
approval that had to be met. He made specific reference to
two, that the parking lot had to be re- surfaced and that
if technology changed in the future, that the pole and the
antenna would have to be removed. He stated that this
would be the responsibility of the property owner.
Commissioner Seibert inquired as to why the equipment was
not installed at Live Oak Park.
Director Dawson explained that there were complications
involving the park location. There were objections to
having the antenna in the park, tennis players did not like
the proposed placement of the equipment shelter and there
were objections to the storage unit blocking visibility.
Vice - Chairman Zovak inquired as to whether there were any
other poles in the city as tall as this proposed pine
tree /pole.
Director Dawson stated the pole outside the Civic Center
was 75 feet tall.
There being no further questions from the Commission, Vice -
Chairman Zovak opened the public hearing and invited
interested individuals to come forward and speak on the
matter.
Barbara Saito, Nextel Communications, 17275 Derian, Irvine,
stated that she had read the Staff report and the
conditions of approval and that Nextel accepted the
conditions.
•
•
Ms. Saito explained that Nextel had been looking for a
location in the Temple City area for quite some time and it
had been difficult locating one because Temple City is a
very heavy residential area.
Ms. Saito also explained that the reason for using a pine
tree is that multiple carriers could be placed on it
because there are branches all the way down which are used
to hide additional antennas. She stated this was an 40
advantage over using a palm tree because only one antenna
could be installed at the top under the fronds.
"
"
P l a n n i n g C o m m i s s i o n M i n u t e s
M a r c h 2 8 , 2 0 0 0
P a g e 7
M s . S a i t o f u r t h e r e x p l a i n e d t h a t t h e r e w e r e s e v e r a l t r e e s
a l o n g G r a c e w o o d a n d i n t h e g e n e r a l a r e a t h a t w o u l d h e l p t o
b u f f e r t h e w h o l e a r e a .
V i c e - C h a i r m a n Z o v a k i n q u i r e d a s t o w h a t a r e a N e x t e l w a s
t r y i n g t o c o v e r .
M s . S a i t o s t a t e d t h a t t h e y n e e d e d t o p l a c e a n a n t e n n a i n
t h i s a r e a t o b e a b l e t o h a n d o f f t o t h e o t h e r s i t e s i n t h e
a r e a s o t h a t c o n t i n u o u s c o v e r a g e c o u l d b e s u p p l i e d . S h e
s t a t e d t h a t i t w a s a n a p p r o x i m a t e 1 - 2 m i l e r a d i u s .
C i t y A t t o r n e y M a r t i n i n q u i r e d a s t o w h e t h e r N e x t e l w a s
a p p l y i n g f o r o n e a r r a y a t t h e t o p o f t h e p i n e t r e e .
M s . S a i t o e x p l a i n e d t h a t , y e s , i t w o u l d o n l y b e t h e o n e
a r r a y a t t h e t o p .
C i t y A t t o r n e y M a r t i n r e q u e s t e d t h a t M s . S a i t o e x p l a i n t h e
T e l e c o m m u n i c a t i o n s A c t t o t h e C o m m i s s i o n .
M s . S a i t o e x p l a i n e d t h a t c i t i e s a r e p r e e m p t e d f r o m
p r o h i b i t i n g t e l e c o m m u n i c a t i o n s t o w e r s u n l e s s b y s u b s t a n t i a l
e v i d e n c e t h e y c a n p r o v e t h a t t h e r e i s a h a z a r d o r d a n g e r o r
h a r m t h a t w o u l d e n s u e f r o m s u c h i n s t a l l a t i o n .
V i c e - C h a i r m a n Z o v a k i n q u i r e d a s t o t h e n u m b e r o f p a n e l
a n t e n n a s t h a t w o u l d b e i n s t a l l e d .
M s . S a i t o e x p l a i n e d t h a t t h e s t a n d a r d i s 1 2 . a n t e n n a s , f o u r
p e r s i d e i n a t r i a n g u l a r s h a p e .
D i r e c t o r D a w s o n i n q u i r e d a s t o t h e f e n c i n g i n o f t h e
e q u i p m e n t a n d t h e u s e o f b a r b e d w i r e .
M s . S a i t o e x p l a i n e d t h a t w a s a s t a n d a r d f o r a d i f f e r e n t
c o m m u n i t y .
C o m m i s s i o n e r S e i b e r t i n q u i r e d a s t o w h e t h e r t h e r e w a s a
p r o b l e m w i t h v a n d a l i s m o n t h i s t y p e o f s i t e .
M s . S a i t o e x p l a i n e d t h a t t h e y d i d n o t a n t i c i p a t e a p r o b l e m
i n t h i s l o c a t i o n b u t t h a t i n r u r a l s i t e s a n d p a r k s i t w a s
a p r o b l e m w i t h g r a f f i t i a n d p e o p l e c l i m b i n g p o l e s . S h e
s t a t e d t h a t t h e y d i d l i k e t o f e n c e t h e a r e a t o k e e p p e o p l e
a c e r t a i n d i s t a n c e f r o m t h e p o l e . S h e a l s o s t a t e d t h a t
b a r b e d w i r e w o u l d n o t b e e s s e n t i a l t o t h i s p a r t i c u l a r s i t e .
Planning Commission Minutes
March 28, 2000
Page 8
John Stacey, 10324 Daines Drive, inquired of City Attorney
Martin whether the Telecommunications Act required that a
pole must be placed wherever a company wanted it or just
somewhere within the city.
City Attorney Martin explained that the Act preempts cities
from disapproving towers unless they can substantiate that
there is a hazard in connection with the tower.
Mr. Stacey stated that he thought that 5600 Gracewood was
the worst possible site for this pole because of it being
on the premises of a convalescent hospital which cared for
the aged who suffered from dementia. He stated on many
occasions patients had wandered off from the facility and
he found them on his street and escorted them back.
City Attorney Martin inquired as to whether Mr. Stacey was
referring to the electromagnetic field.
Mr. Stacey stated that he was concerned because the
patients in this hospital suffered from dementia,
Alzheimer's and other types of memory loss which made
having a tall pole on their premises a hazard to them.
Mr. Stacey also inquired as to whether there would be
flashing beacon lights atop the pole. He stated that if
this were the case, that this would pose a nuisance to the
residents in the area.
Mr. Stacey commented that years ago when the convalescent
hospital was established that the City Council agreed that
there would be no further building on this site because of
the lack of available parking. He expressed concern that
the installation of this equipment shelter would take away
more of the parking spaces.
Mr. Stacey further inquired as to what the notification
requirements were with regard to residents in the area.
Director Dawson explained that they would be moving the
trash enclosure to be in line with the building and
therefore no parking spaces would be lost. He further
explained that the parking area to the east of the building
was so under utilized that it had not been well maintained.
Ms. Saito stated that Nextel did not intend to light the
pole at all with red lights or strobe lights. She
explained that the FAA did not require such lighting.
"
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P l a n n i n g C o m m i s s i o n M i n u t e s
M a r c h 2 8 , 2 0 0 0
P a g e 9
C i t y A t t o r n e y M a r t i n i n q u i r e d a s t o w h e t h e r M s . S a i t o h a d
a n y t h i n g i n w r i t i n g f r o m t h e F A A w h i c h s t a t e d t h a t l i g h t i n g
w a s n o t r e q u i r e d .
M s . S a i t o s t a t e d t h a t s h e d i d n o t h a v e i t w i t h h e r b u t t h a t
s h e c o u l d p r o v i d e i t .
M s . S a i t o f u r t h e r s t a t e d t h a t t h e r e a s o n M r . S t a c e y w a s n o t
n o t i c e d w a s b e c a u s e t h e y h a d s e n t n o t i c e s t o e v e r y o n e
w i t h i n 3 0 0 f e e t o f t h e s i t e a n d h i s a d d r e s s w a s n o t w i t h i n
t h a t r a d i u s .
D i r e c t o r D a w s o n s t a t e d t h a t t h e r e a s o n M r . S t a c e y m a y n o t
h a v e b e e n n o t i c e d i s b e c a u s e t h e r e a r e a c t u a l l y t w o p a r c e l s
i n v o l v e d a n d t h e m e a s u r e m e n t m a y h a v e b e e n d o n e f r o m t h e
n o r t h e r n m o s t p a r c e l , w h i c h w o u l d n o t h a v e i n c l u d e d h i s
a d d r e s s . H e f u r t h e r s t a t e d t h a t t h e p o l e w o u l d b e l o c a t e d
o n t h e n o r t h e r n m o s t p a r c e l .
C o m m i s s i o n e r A r r i g h i i n q u i r e d a s t o w h e t h e r t h e r e w o u l d b e
a c h a i n l i n k f e n c e w i t h a l o c k e d g a t e a r o u n d t h e p o l e .
M s . S a i t o i n d i c a t e d t h a t t h e r e w o u l d b e a s i x - f o o t h i g h
f e n c e a n d d o u b l e g a t e a r o u n d t h e p o l e a s w e l l a s t h e
e q u i p m e n t s h e l t e r .
T h e r e b e i n g n o o n e e l s e w i s h i n g t o s p e a k , C o m m i s s i o n e r
G r i f f i t h s m o v e d t o c l o s e t h e p u b l i c h e a r i n g , s e c o n d e d b y
C o m m i s s i o n e r S e i b e r t , a n d u n a n i m o u s l y c a r r i e d .
C o m m i s s i o n e r S e i b e r t s t a t e d t h a t t h e l o c a t i o n w a s a
c o n v e n i e n t o n e a n d t h a t h e w a s i n f a v o r o f t h e p r o j e c t .
C o m m i s s i o n e r G r i f f i t h s c o n c u r r e d .
C o m m i s s i o n e r A r r i g h i c o n c u r r e d .
V i c e - C h a i r m a n Z o v a k s t a t e d t h a t h e w a s i n f a v o r o f t h e
p r o j e c t f o r t h e r e a s o n s t h a t i t w a s c o n v e n i e n t l y l o c a t e d i n
a w e l l - b u f f e r e d z o n e , i t w o u l d h a v e n o l i g h t i n g o n i t , i t
w o u l d n o t b e e l i m i n a t i n g a n y p a r k i n g a n d i t w o u l d b e
f e n c e d .
C o m m i s s i o n e r S e i b e r t m o v e d t o a p p r o v e C o n d i t i o n a l U s e
P e r m i t 0 0 - 1 4 1 1 a n d a d o p t a r e s o l u t i o n t o a l l o w t h e
i n s t a l l a t i o n o f a w i r e l e s s t e l e c o m m u n i c a t i o n s f a c i l i t y
a n d e q u i p m e n t s h e l t e r .
Planning Commission Minutes
March 28, 2000
Page 10
Commissioner Arrighi seconded the motion, and it was
unanimously carried.
Vice - Chairman Zovak announced that the Planning Commission
had approved the request and that there would be a 10 -day
appeal period in which anyone may appeal the decision of
the Planning Commission to the City Council.
C. PUBLIC HEARING:
MODIFICATION OF CONDITIONAL USE
PERMIT 99- 1400 /ZONE VARIANCE 00-
1410
Site: 9070 Las Tunas Drive
Property
Owner/
Applicant:
Architect:
Request:
YO LEI LAI
5933 BARTLETT AVENUE
SAN GABRIEL, CALIFORNIA 91776
GARY WANG & ASSOCIATES, INC.
573 MONTEREY PASS ROAD, UNIT C
MONTEREY PARK, CALIFORNIA 91754
A MODIFICATION OF A CONDITIONAL
USE PERMIT AND ZONE VARIANCE
REQUEST FOR A PROPOSED RESTAURANT
AND RETAIL BAKERY AS THE MAIN
TENANT IN ADDITION TO OFFICE
SPACE WITHIN A TWO -STORY
COMMERCIAL BUILDING; THIS REQUEST
WOULD MODIFY A PREVIOUS
SUBMITTAL; IT WOULD EXTEND THE
HOURS OF OPERATION AND PERMIT
OUTSIDE DINING WITH A TOTAL OF 39
PARKING SPACES; THE SUBJECT SITE
IS LOCATED IN THE WEST COMMERCIAL
(WC) DISTRICT OF THE DOWNTOWN
SPECIFIC PLAN AREA.
Director Dawson stated public notices had been sent to
property owners within 500 feet of the subject site and
summarized the Staff report dated March 28, 2000.
Vice - Chairman Zovak inquired as to what were some of the
concerns involving demolishing of the existing building.
•
•
•
" P l a n n i n g C o m m i s s i o n M i n u t e s
M a r c h 2 8 , 2 0 0 0
P a g e 1 1
"
"
D i r e c t o r D a w s o n s t a t e d t h a t i t w a s a t i m e i s s u e b e c a u s e
t h e r e w a s a t w o - u n i t a p a r t m e n t o n t h e p r o p e r t y a n d t h e r e
w o u l d b e a l o s s o f i n c o m e i n v o l v e d .
V i c e - C h a i r m a n Z o v a k i n q u i r e d a s t o w h e t h e r t h e r e w a s a n
i s s u e o f a n e w t e n a n t i n t h e b u i l d i n g a n d p o s s i b l y s o m e
i l l e g a l s i g n a g e .
D i r e c t o r D a w s o n s t a t e d t h a t t h e r e h a d b e e n a t e m p o r a r y
b a n n e r a t t a c h e d t o a f r e e - s t a n d i n g s i g n a n d a l s o a n e w
t e n a n t . H e f u r t h e r s t a t e d t h a t t h e i l l e g a l s i g n a g e h a d
b e e n r e m o v e d .
T h e r e b e i n g n o f u r t h e r q u e s t i o n s f r o m t h e C o m m i s s i o n , V i c e -
C h a i r m a n Z o v a k o p e n e d t h e p u b l i c h e a r i n g a n d i n v i t e d
i n t e r e s t e d i n d i v i d u a l s t o c o m e f o r w a r d t o s p e a k o n t h e
m a t t e r .
G a r W a n " a r c h i t e c t f o r t h e . r o " e r t a n d Y o L e i L a i
p r o p e r t y o w n e r , 5 9 3 3 B a r t l e t t A v e n u e , S a n G a b r i e l , c a m e
f o r w a r d t o a n s w e r q u e s t i o n s r e g a r d i n g t h e p r o p o s e d p r o j e c t .
C o m m i s s i o n e r S e i b e r t i n q u i r e d a s t o w h y M s . L a i w a n t e d t o
k e e p t h e r e s t a u r a n t o p e n u n t i l 2 : 0 0 a . m .
M s . L a i s t a t e d t h a t s h e o w n e d a n d o p e r a t e d t h r e e o t h e r
r e s t a u r a n t s i n t h e S a n G a b r i e l a r e a w h i c h d i d n o t s e l l b e e r
o r a l c o h o l a n d t h e y a l l s t a y e d o p e n u n t i l 2 : 0 0 a . m . a n d s h e
w o u l d l i k e t h i s r e s t a u r a n t t o s t a y o p e n u n t i l t h i s t i m e a s
w e l l .
C o m m i s s i o n e r S e i b e r t i n q u i r e d a s t o w h a t r e s t a u r a n t s i n t h e
S a n G a b r i e l a r e a w e r e o p e n u n t i l 2 : 0 0 a . m .
M s . L a i s t a t e d t h a t s h e h a d o n e r e s t a u r a n t i n S a n G a b r i e l
o n V a l l e y B o u l e v a r d , o n e i n A l h a m b r a o n V a l l e y B o u l e v a r d
a n d G a r f i e l d a n d o n e i n M o n t e r e y P a r k b y L i n c o l n P l a z a .
C i t y A t t o r n e y M a r t i n a s k e d i f M s . L a i w o u l d b e b u s s i n g
p e o p l e t o t h e s i t e .
M s . L a i s t a t e d t h a t s h e w o u l d n o t .
Planning Commission Minutes
March 28, 2000
Page :12
City Attorney Martin inquired as to what Ms. Lai's time
frame was for building providing she received approval of
the project.
Gary Wang stated that once the plans have been approved by
the Planning Department the project should be complete
within three or four months.
Vice - Chairman Zovak inquired as to when demolition on the
two units would begin.
Gary Wang stated that they would start demolition of the
two units after the Planning Department had approved the
plans.
Commissioner Arrighi inquired as to what the proposed use
of the second story would be.
Gary Wang stated that the second story would be office
spaces for rent.
Commissioner Seibert inquired if the project would be
abandoned if the plans were not approved.
Gary Wang stated that Ms. Lai would abandon the project and
put the property back on the market.
Commissioner Arrighi inquired as to what types of food
would be served at the restaurant.
Gary Wang stated that it would be a bakery and fast -food
type of restaurant offering both American and Chinese food.
Vice - Chairman Zovak inquired as to whether there was any
proposal to offer alcohol or entertainment in the future.
Gary Wang stated that none of Ms. Lai's restaurants served
alcohol and she did not anticipate doing so in the future.
Vice - Chairman Zovak inquired as to whether all of the
conditions as outlined in the Staff report had been read.
Gary Wang stated that they had.
Commissioner Griffiths stated he did not see a condition
in the Staff report that dealt directly with when the
demolition should occur.
•
•
•
" P l a n n i n g C o m m i s s i o n M i n u t e s
M a r c h 2 8 , 2 0 0 0
P a g e 1 3
"
D i r e c t o r D a w s o n s t a t e d t h a t t h e o n l y c o n d i t i o n p u t i n
r e l a t i v e t o t h e d e m o l i t i o n w a s t h e f r e e - s t a n d i n g b i l l b o a r d
s i g n t o b e d e m o l i s h e d w i t h i n 3 0 d a y s o f t h e e n d o f . t h e
a p p e a l p e r i o d . H e a l s o s t a t e d t h e r e w a s n o l o n g e r a
c o n d i t i o n f o r d e m o l i t i o n .
G a r y W a n g s t a t e d t h a t t h e u n i t s w o u l d h a v e t o b e d e m o l i s h e d
b e f o r e t h e y c o u l d p r o c e e d w i t h t h e p r o j e c t .
C o m m i s s i o n e r G r i f f i t h s i n q u i r e d a s t o w h e t h e r a c o n d i t i o n
s h o u l d b e a d d e d r e g a r d i n g m a i n t e n a n c e o f t h e p r o p e r t y .
D i r e c t o r D a w s o n s t a t e d t h a t f o r r e s i d e n t i a l p r o j e c t s a
s t a n d a r d c o n d i t i o n i s u s e d t h a t t h e p r o p e r t y n e e d s t o b e
m a i n t a i n e d a d e q u a t e l y i n a n e a t a n d o r d e r l y f a s h i o n s i m i l a r
t o p r o p e r t y i n t h e a r e a w h i l e p l a n s a r e b e i n g p r o c e s s e d a n d
s o f o r t h ; a n d i f i t i s n o t , t h e n t h e C i t y c a n c o m e b a c k a n d
p u l l t h e C o n d i t i o n a l U s e P e r m i t .
C o m m i s s i o n e r G r i f f i t h s s t a t e d t h a t j u s t a s a m a t t e r o f
i n f o r m a t i o n , s o m e p r o j e c t s g o o n f o r t e n y e a r s a s t h e y w a i t
f o r f i n a n c i a l b a c k i n g t o c o m e t h r o u g h , a n d i n t h e m e a n t i m e
t h e C i t y w o u l d n e e d t o b e a s s u r e d t h a t t h e s i t e w o u l d b e
m a i n t a i n e d .
M s . L a i i n q u i r e d a t w h a t l e v e l w o u l d s h e h a v e t o
m a i n t a i n t h e s i t e .
D i r e c t o r D a w s o n e x p l a i n e d t h a t t h e s i t e w a s i n a p r o m i n e n t
l o c a t i o n a n d a s s u c h w o u l d n e e d t o b e m a i n t a i n e d b y
t r i m m i n g t h e g r a s s , e t c .
M s . L a i s t a t e d t h a t s h e h a d j u s t r e c e n t l y t a k e n o v e r t h e
p r o p e r t y a n d h a d h i r e d a m a n a g e r a n d s h e w o u l d s e e t o i t
t h a t t h e p r o p e r t y w a s m a i n t a i n e d .
C o m m i s s i o n e r G r i f f i t h s s u g g e s t e d a d d i n g a c o n d i t i o n t h a t
t h e p r o p e r t y s h o u l d n o t b e a l l o w e d t o b e c o m e a
n u i s a n c e .
C i t y A t t o r n e y M a r t i n i n q u i r e d a s t o t h e t o t a l s q u a r e
f o o t a g e o f t h e p r o p e r t y a n d t h e c o m p o n e n t s b y s q u a r e
f o o t a g e .
G a r y W a n g s t a t e d t h e t o t a l s q u a r e f o o t a g e o f t h e b u i l d i n g
w a s 4 , 2 9 8 .
" C i t y A t t o r n e y M a r t i n i n q u i r e d a s t o w h e t h e r t h e s e c o n d -
s t o r y o f f i c e s w e r e a b o u t h a l f o f t h a t s q u a r e f o o t a g e .
Planning Commission Minutes
March 28, 2000
Page 14
Gary Wang stated that it was a little less; the offices
were approximately 2,000 and the bakery was 1,800.
Director Dawson clarified that the total area was a little
less than 8,500 square feet; the first floor being
approximately 3,800 usable square feet and the second floor
approximately 4,000.
Gary Wang stated those figures were correct.
Kathryn Cobbin, 596 N. Sierra Madre Blvd., Pasadena, stated
that she owned the properties at 9080 and 9082 Lyledale.
She stated that she was not notified of this matter back in
November but had only learned of it the day before.
Ms. Cobbin stated that the proposed zoning change would
have a negative impact upon property value and the quiet
enjoyment of said properties.
Ms. Cobbin stated that Lyledale was a narrow street which
was not a through street and which had less- than - adequate
parking. She also stated that the proposed parking lot war
triangular in shape and would not accommodate as many car:
as thought to be required by the restaurant, which would
have overflow cars parking on Lyledale. She further stated
that overflow parking on Lyledale would pose a safety issue
in that the street is already narrow and it would be
difficult for safety -type vehicles to access the houses on
that street if it were heavily parked with cars.
Ms. Cobbin also stated that outside dining combined with
the 2:00 a.m. closing time and the threat of crime would
interfere with the quiet enjoyment of her tenants and she
did not want to lose her tenants or have her property de-
valued over this project.
Director Dawson stated that these types of issues were
unfortunately a problem in many areas along Las Tunas where
residential properties were in close proximity to
commercial properties.
Rita Grijalva, 9082 E. Lyledale Street, stated that seven
families with children lived on Lyledale and it was not a
through street and there was already a problem with cars
racing down the street. She stated that she was concerned
for the safety of the children on the street. She also
expressed concern for the possible noise emanating from the
restaurant into the early morning hours.
•
•
•
"
"
P l a n n i n g C o m m i s s i o n M i n u t e s
M a r c h 2 8 , 2 0 0 0
P a g e 1 5
R a y m o n d G r i i a l v a , 9 0 8 0 E . L y l e d a l e S t r e e t , s t a t e d t h a t
L y l e d a l e w a s a v e r y s m a l l s t r e e t w h i c h w a s d i f f i c u l t t o
a c c e s s a n d t h e s i t u a t i o n w o u l d b e c o m p l i c a t e d b y a d d i n g a
p a r k i n g l o t t o a n a l r e a d y o v e r c r o w d e d s t r e e t . H e w a s
c o n c e r n e d t h a t h e w o u l d n o t h a v e a c c e s s t o h i s o w n
d r i v e w a y / g a r a g e a r e a . H e a l s o e x p r e s s e d c o n c e r n o v e r t h e
f a c t t h a t t h e r e s t a u r a n t w o u l d b e o p e n u n t i l 2 : 0 0 a . m .
l e a v i n g o n l y a f o u r - h o u r w i n d o w i n w h i c h t o g e t a g o o d
n i g h t ' s s l e e p .
V i c e - C h a i r m a n Z o v a k i n q u i r e d a s t o w h e t h e r t h e r e w e r e
g a r a g e s i n t h e a r e a .
M r . G r i j a l v a s t a t e d t h a t t h e r e w e r e t w o g a r a g e s . H e a l s o
s t a t e d t h a t t h e r e a l r e a d y e x i s t e d a p a r k i n g p r o b l e m b e c a u s e
o f t h e t h e a t e r a c r o s s t h e s t r e e t a n d a l s o M a m a P e t r i l l o ' s
r e s t a u r a n t .
A p r i l G r i j a l v a , 9 0 8 2 E . L y l e d a l e S t r e e t , s t a t e d t h a t
a l l o w i n g t h e r e s t a u r a n t t o g o i n w o u l d b e m a k i n g a n a l r e a d y
b a d p a r k i n g s i t u a t i o n w o r s e . S h e a l s o e x p r e s s e d c o n c e r n
a b o u t t h e s a f e t y o f h e r c h i l d r e n w h o p l a y o u t i n t h e s t r e e t
a n d t h e l a t e h o u r s o f t h e r e s t a u r a n t . S h e r e q u e s t e d t h a t
t h e C o m m i s s i o n m o d i f y t h e p r o j e c t t o m a k e i t s m a l l e r o r
m o v e i t t o a d i f f e r e n t l o c a t i o n .
G a r y W a n g s t a t e d t h a t t h e t e n a n t s w e r e r i g h t i n t h a t
L y l e d a l e i s a p r i v a t e s t r e e t o f w h i c h M s . L a i o w n e d h a l f
a n d s h e w a s e n t i t l e d t o u s e i t f o r h e r r e s t a u r a n t .
C o m m i s s i o n e r S e i b e r t m o v e d t o c l o s e t h e p u b l i c h e a r i n g ,
s e c o n d e d b y C o m m i s s i o n e r G r i f f i t h s , a n d u n a n i m o u s l y
c a r r i e d .
V i c e - C h a i r m a n Z o v a k i n q u i r e d a s t o w h e t h e r a l l t h e v a r i o u s
d i v i s i o n s h a d r e v i e w e d t h e p l a n s .
D i r e c t o r D a w s o n s t a t e d t h a t t h e t r a f f i c d i v i s i o n h a d l o o k e d
a t t h e p l a n s a s w e l l a s P u b l i c W o r k s . H e s t a t e d t h a t
B u i l d i n g & S a f e t y a n d t h e F i r e D e p a r t m e n t h a d n o t y e t
l o o k e d a t t h e m b u t t h a t t h e y w o u l d w h e n t h e p l a n s c a m e i n
f o r p l a n c h e c k .
C o m m i s s i o n e r G r i f f i t h s i n q u i r e d a s t o w h a t t h e s t a t u s o f
t h e s t r e e t w a s a n d w h o h a d c o n t r o l o v e r t h e b a r r i c a d e w h i c h
w a s a t t h e e n d o f L y l e d a l e .
Planning Commission Minutes
March 28, 2000
Page 16
Director Dawson stated that some research would have to be
done to determine the status of the street as well as the
barricade.
Commissioner Griffiths suggested looking into ways of
mitigating some of the resident's concerns by looking into
alternative plans involving the entrance driveway.
Commissioner Seibert raised the question of whether the
City had any jurisdiction over Lyledale being that it was
a private street.
City Attorney Martin confirmed the City had no jurisdiction
over the street.
Commissioner Griffiths stated that the "public" looking for
parking really had no right to be on that street and that
perhaps a sign which said "not a through street" would help
mitigate the problem.
Commissioner Arrighi stated that it was not the City's
responsibility to post signs but that it was the
responsibility of the owners of the street to post signs
and tow vehicles away.
Commissioner Griffiths stated that perhaps moving the
driveway north would mitigate a lot of the problems with
cars and ingress and egress.
City Attorney Martin inquired if Lyledale had ever been
resurfaced. And if so, by whom.
Director Dawson stated that he was not aware of the
maintenance of the street.
Commissioner Griffiths stated that he had some concerns
relative to the 2:00 a.m. closing time and the traffic flow
and parking problems. However, he stated he would approve
the Zone Variance and revised Conditional Use Permit.
Commissioner Seibert stated that he could approve the
project although a 2:00 a.m. closing time was not
reasonable, especially being so close in proximity to
residential property.
Commissioner Arrighi stated that he would also like to see
the hours changed to a more reasonable closing time, but
other than that he could approve the project.
•
•
•
Planning Commission Minutes
r March 28, 2000
Page 17
•
Vice - Chairman Zovak stated that he did have concerns about
the possible impacts on Lyledale as well as the residents.
He also stated that the proposed hours were extensive and
should be curtailed.
Commissioner Griffiths stated that he would like to have an
expression from the architect about whether or not
relocation of the driveway approach would be possible and
helpful in mitigating the problem.
Gary Wang stated that what Commissioner Griffiths suggested
was a possibility and Ms. Lai was agreeable to the change
in plans.
Director Dawson suggested adding a condition of approval
that the driveway on Sultana should be reviewed by the
traffic engineer in an attempt to minimize commercial
traffic on Lyledale and at the same time to provide safe
ingress and egress of the subject site.
City Attorney Martin stated that probably what should
happen is to approve the project in concept indicating the
Variance will be granted and the CUP will be granted, not
actually granted, and the matter will be held until the
architect comes back with an alternate plan for ingress and
egress to the parking lot acceptable to the Planning
Commission. And at that time, the Variance and CUP could
be automatically approved.
Vice - Chairman Zovak suggested giving some direction with
regard to the hours of operation.
City Attorney Martin stated that a 2:00 a.m. closing time
was a step up on a liquor license and he felt it should
work the other way around, that they should close at 10:00
or 12:00 and if that worked out and there were no
problems, then they could move to 2:00.
Commissioner Griffiths moved that Mr. Martin's suggestions
be implemented regarding the mitigation of the parking and
the access to the parking and the business hours be reduced
to 6:00 a.m. to 11:00 p.m. on weekdays and 6:00 a.m. to
2:00 a.m. on Friday and Saturday.
City Attorney Martin explained to the applicant that the
matter would be approved if they could come up with an
alternate ingress and egress plan with the changes
indicated. He stated that if they could not, the matter
would be denied.
Planning Commission Minutes
March 28, 2000
Page 18
City Attorney Martin also stated that for those reasons the
hearing would be continued to the next regular meeting of
the Planning Commission at which time they would need to
submit an acceptable alternate plan for ingress and egress.
Vice - Chairman Zovak acknowledged that the applicants agreed
to the continuance.
Commissioner Seibert seconded the motion, and it was
unanimously carried.
8. COMMUNICATIONS: None
9. MATTERS FROM CITY OFFICIALS:
A. The City council at their regularly- scheduled meeting of
March 21, 2000 continued the public hearing for Avenues
Club addressed at 5449 Rosemead Boulevard.
10. ADJOURNMENT
There being no further business, Vice - Chairman Zovak adjourned
the meeting at 9:45 p.m. The next regularly scheduled meeting
of the Planning Commission is Tuesday, April 11, 2000, at
7:30 p.m. in the Council Chambers, 5938 Kauffman Avenue, Temple
City.
(-)c
\I;ce- Chairman
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